Terms of Service

WIVANCO Online Store Regulations

OVERVIEW

This website is operated by WIVANCO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (sp. z o.o.) (hereinafter referred to as Wivanco.eu or “we”). Throughout the website, the terms “we”, “us”, “our”, and all their grammatical forms, as well as all verbs in the first-person plural, refer to Wivanco.eu. Wivanco.eu offers this website, including all information, tools, and services available on this site, to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site or making a purchase, you engage in our “Service” and agree to be bound by the following terms (“Terms”), including additional terms and conditions referenced herein and/or available via hyperlinks. These Terms apply to all users of the site, including but not limited to users who browse the site, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before using or accessing our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the provisions of this agreement, you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and Services to you.

WIVANCO Online Store Regulations

§1. Introductory Provisions

The online store Wivanco.eu, available at: https://wivanco.eu, is operated by WIVANCO Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (address: ul. Stawy 5, 02-467 Warsaw, Mazowieckie Voivodeship, Poland), entered into the National Court Register (KRS) under number 0001103845, NIP 5223297100, REGON 528538914.

These Regulations define the rules for using the Online Store and the conditions for concluding Distance Sales Agreements between the Seller and the Consumer via the Store.

The Store operates in accordance with Polish law, in particular the Act of 30 May 2014 on Consumer Rights and the Act of 23 April 1964 – the Civil Code.

These Regulations are addressed to Consumers and, where applicable, to Entrepreneurs with consumer rights.

§2. Definitions

Consumer – a natural person concluding an agreement with the Seller in the Store, where the subject matter is not directly related to that person’s business or professional activity.
Seller (Service Provider) – WIVANCO Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (ul. Stawy 5, 02-467 Warsaw, Mazowieckie), registered in the KRS under number 0001103845, NIP: 5223297100, REGON: 528538914.
Customer – any person or entity making purchases in the Store.
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, conducting business activity in its own name and using the Store.
Store – the online store operated by the Seller at https://wivanco.eu.
Distance contract – a contract concluded with the Customer within an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, using distance communication means.
Regulations – this document defining the rules for using the Store.
Order – the Customer’s declaration submitted in the Store via the form, aimed at concluding a Sales Agreement.
Account – an individual Customer profile in the Store, where personal data and information about previous Orders are stored.
Registration form – a form enabling the creation of an Account in the Store.
Order form – a tool allowing the selection of Products, determining delivery and payment terms, and placing an Order.
Cart – a module in the Store where the Customer can view selected Products, change quantities, and finalize the Order.
Product – a movable item offered in the Store, constituting the subject of the Sales Agreement.
Personalized Product – a Product prepared according to the Customer’s individual guidelines.
Sales Agreement – an agreement concluded between the Customer and the Seller in the Store, also including – if applicable – a contract for specific work or services.
Physical defect – non-conformity of the Product with the Sales Agreement, including when:
a) the Product does not have the properties required by the contract or resulting from its intended use;
b) the Product does not have the features promised by the Seller;
c) the Product does not meet the purpose specified by the Customer and accepted by the Seller;
d) the Product was delivered incomplete.
Legal defect – a situation where the Product is owned by a third party, encumbered by a third party’s right, or where a limitation of use results from a decision of an authority.
Mechanical damage – damage caused by physical force resulting in loss of full functionality.
Order processing time – the period needed by the Seller to prepare the Order and hand it over to the carrier; delivery time is not included.
Business days – days from Monday to Friday, excluding statutory public holidays.
Fiscal receipt – a document confirming the sale, containing Seller data, Product price, and VAT.
Illegal content – information or data contrary to EU law or the laws of Member States, including content infringing copyrights or inciting violence.
Service Recipient – a natural person, legal person, or entity using or intending to use an Electronic Service.
Electronic service – a service provided electronically by the Service Provider via the Store.
Digital Services Act (DSA) – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19.10.2022 on a Single Market for Digital Services (OJ L 277, 27.10.2022, p. 1–102).
Consumer Rights Act – the Act of 30.05.2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended).

§3. Contact with the Store

Seller’s address: ul. Stawy 5, 02-467 Warsaw, Mazowieckie, Poland.
Seller’s e-mail address: info@wivanco.pl.
Seller’s phone number: +48 667 858 639.
Seller’s fax number: Not applicable.
Seller’s bank account number:
- PLN account: PL 88 1090 1014 0000 0001 5816 0341
EUR account: PL 21 1090 1014 0000 0001 5816 0480
SWIFT code: WBKPPLPP
The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
The Customer may contact the Seller by phone between 07:30–22:00 on business days.

§4. Technical Requirements

To use the Store, including browsing the Store’s assortment and placing orders, the following are required:

an end device with Internet access and an Internet browser such as: Firefox, Safari, Opera, Chrome, Edge,
an active e-mail account (info@wivanco.pl).

§5. General Information

To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Placing orders is possible either by creating an Account in accordance with §6 or by providing the necessary personal and address data enabling order fulfillment without creating an Account.
Prices in the Store are given in Polish zloty and are gross prices (including VAT).
The final (total) amount payable by the Customer consists of the Product price and delivery costs (including transport, delivery, and postal services), which the Customer is informed about during the ordering process, including at the moment of expressing the will to be bound by the Sales Agreement.
If, due to the nature of the contract subject, it is not reasonably possible to calculate the final (total) price in advance, information on how the price will be calculated, as well as transport, delivery, postal service fees, and other costs, will be provided in the Product description in the Store.
Despite efforts to match the most common market sizes, it may happen that the Product is larger or smaller by a few centimeters.
Products offered as sets are sold exclusively as a set, according to the product page description. The set composition is fixed and cannot be modified at the purchase stage. Set prices are promotional and do not apply to purchasing individual components separately. In the event of withdrawal from the contract or an exchange request – details are provided in the Exchange and Returns Regulations.

§6. Creating an Account in the Store

To create an Account, the Registration Form must be completed. The following data is required: First name, Last name, Country, Street name, building number / apartment number, Postal code, City, Phone number, Email address, user login, and password.
Creating an Account is free of charge.
Logging into the Account is done by entering the login and password set in the Registration Form.
The Customer may delete the Account at any time, without giving any reason and without incurring any fees, by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in §3.

§7. Rules for Placing an Order

To place an Order, you must:

Log in to the store wivanco.eu.
Select the Product, choose available variants, and click “Add to cart”.
In the cart, verify the contents and proceed to checkout.
Choose the payment option:
- Full payment: payment of the full amount for the product,
- Advance payment: payment of 5% of the order value, with the remaining amount payable on delivery.
  For cash on delivery, an additional fee of 25 PLN is charged.
If ordering without registration, complete the Order Form by entering recipient details and delivery address, choose shipping method, and if invoice details differ from the recipient’s details, enter them as well.
Choose one of the available payment methods and, depending on the selected option, pay within the deadline specified in §8 point 3.

§8. Available Delivery and Payment Methods

The Customer may use the following delivery or pickup methods: courier shipment, cash-on-delivery courier shipment, parcel lockers (Paczkomaty).
Payment methods: bank transfer to the Seller’s account, electronic payment, card payment, cash on delivery (COD) – available only as advance payment: 5% at order placement and the remaining amount payable on delivery. For this method an additional 25 PLN fee applies (COD fee).
Electronic payment and card payment are processed via Przelewy24 and other systems such as Visa, Mastercard, BLIK, Apple Pay, Google Pay.
Shipping is carried out by InPost and other courier companies, within the following timeframes:
- Poland – price 25 PLN – order processing time described in the “Delivery and Payment” section.
- EU countries (excluding Poland) – price depends on current courier rates – order fulfillment time up to 14 business days.

§9. Performance of the Sales Agreement

A Sales Agreement is concluded after the Customer submits an Order via the Order Form as per §7.
The Seller promptly confirms receipt of the Order and accepts it for processing.
Confirmation and acceptance are sent via e-mail to the address provided by the Customer and include at least: confirmation of receipt, acceptance for processing, and confirmation of conclusion of the Sales Agreement.
Upon the Customer receiving the above e-mail, the Sales Agreement is concluded.
If the Customer chooses:
- bank transfer/electronic payment/card payment – the Customer must pay within 7 calendar days from the date of concluding the Sales Agreement; otherwise, the Order will be cancelled.
- cash on delivery (advance payment) – the Customer pays a 5% advance at order placement and the remaining amount upon delivery; an additional 25 PLN fee applies.
If the Customer selected delivery other than personal pickup, the Product is shipped within the timeframe stated in the Product description (subject to §9(5)), using the method chosen during Order placement.
The start of the delivery time is calculated as follows:
- for bank transfer/electronic payment/card payment – from the date the Seller’s bank account is credited;
- for COD – from the date the Sales Agreement is concluded.
For personal pickup, the Product will be ready within the timeframe stated in the Product description; the Customer will be additionally notified by e-mail.
Delivery is available in Poland and the European Union.
Delivery is paid unless the Sales Agreement states otherwise. Delivery costs are provided during the ordering process, including at the moment of expressing the will to be bound by the Sales Agreement.
Personal pickup is free of charge.

§10. Right of Withdrawal

The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The Consumer is not entitled to withdraw if the subject of the agreement is a Personalized Product containing elements customized and specified by the Consumer, making the Product unique.
The withdrawal period begins upon delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
The Consumer may withdraw by sending the Seller a withdrawal statement and returning the purchased Product together with the fiscal receipt to the Seller’s address stated in §3 by traditional mail or courier.
The Product should be returned complete and undamaged, including all elements such as tags, seals, and labels.
The Consumer returns the goods at their own expense.
Effects of withdrawal:
- the distance contract is deemed not concluded;
- the Seller refunds the Consumer without undue delay, no later than 14 days from receipt of the withdrawal statement, all payments made by the Consumer, including delivery costs;
- refunds are made using the same payment methods used by the Consumer, unless the Consumer expressly agrees otherwise at no cost;
- the Seller may withhold the refund until the Product is received back.
If the Consumer chose a delivery method other than the cheapest standard delivery offered, the Seller is not obliged to refund the additional costs.

§11. Complaints and Warranty

All Products offered in the Store are new and free from physical and legal defects.

If a defect is found, the Customer has the right to submit a complaint under the Civil Code provisions on warranty (rękojmia).

To exercise the right of withdrawal, the Customer should inform the Seller of the decision via a clear statement (e.g., by e-mail or contact form).

A complaint may be submitted by sending to the Seller:

a completed complaint form (template available on the Store’s website),
the complained Product along with proof of purchase (e.g., a fiscal receipt – not required).

Returns should be sent to the Seller’s address in §3 by traditional mail or courier.

Refunds are made using the same payment method used by the Customer unless the Customer agrees to another method that does not involve additional costs.

This paragraph also applies to Entrepreneurs with consumer rights.

For easier processing, it is recommended that the complaint include:

a brief defect description,
circumstances and date of occurrence,
contact details,
and the Customer’s request (e.g., repair, replacement, refund).

The Seller will respond without undue delay, no later than within 14 calendar days from receipt. Lack of response within this period means the complaint is accepted.

Complaints do not cover:

natural wear and tear resulting from proper use,
mechanical damage or visible defects at the time of delivery if not reported immediately after discovery.

§12. Out-of-court Complaint and Claim Procedures

Detailed information on out-of-court dispute resolution and claim procedures is available at district (municipal) consumer ombudsmen, consumer protection organizations, Provincial Inspectorates of Trade Inspection, and at the following website addresses of the Office of Competition and Consumer Protection (UOKiK):
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php

The Consumer may also use the EU online dispute resolution platform (ODR) at:
http://ec.europa.eu/consumers/odr/

§13. Personal Data in the Online Store

The controller of Customers’ personal data collected via the online store is the Seller. Detailed information on data processing is included in the Store’s Privacy Policy.

§14. Reviews within the Store

A Customer review is any piece of information posted within the online store https://wivanco.eu.
We present reviews posted by Customers who used the Seller’s services.
Reviews referred to above may appear on product pages and may also be presented in various formats, e.g., video, PDF, written reviews with the Customer’s image and data (with partially displayed personal data or without any personal data).
The Customer may post a review of purchased products. Reviews are subjective statements and the Seller is not responsible for them.
The Customer consents to publication of reviews within the Store and for purposes specified by the Seller.
The Customer declares that the review does not violate applicable law or third-party rights.
To publish a review, the Customer should provide correct data, i.e., e-mail address (not visible to others) and any label such as name/surname or nickname. These data may be used to verify the authenticity of the review.
The Seller makes every effort to ensure that reviews presented are reliable and come from actual customers. Among other things, the Seller periodically checks whether a given review comes from a Store customer and attempts to obtain consent to use reviews for marketing outside the Store, including dissemination of selected or all reviews.
If there is suspicion that reviews are defective or not from customers, the Seller may remove them. A person whose review was not published or was removed may contact the Seller to clarify.
The Seller reserves the right to contact the person posting reviews via the provided e-mail address.
The Seller is not obliged to publish reviews and may remove them if, in the Seller’s opinion, it is justified.

§15. Illegal Content and Content Inconsistent with the Regulations

This section contains provisions resulting from the Digital Services Act in relation to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content while using the Store unless the Regulations require certain data (e.g., data necessary to place an Order). The Service Recipient may have the option to add a review or comment using tools provided by the Service Provider. In any case of providing content, the Service Recipient is obliged to comply with the rules of these Regulations.

The Service Provider designates the e-mail address info@wivanco.pl as a single point of contact. This contact point enables direct communication with Member State authorities, the European Commission and the European Board for Digital Services, and also allows recipients of the service (including Service Recipients) direct, fast and user-friendly electronic communication for purposes of the DSA. The Service Provider indicates Polish and English as contact languages for this point.

§16. Procedure for Reporting Illegal Content and Actions under Article 16 of the DSA

Any person or entity may report to the Service Provider at info@wivanco.pl the presence of information that they consider to be Illegal Content.

The report should be sufficiently precise and properly substantiated. For this purpose, the Service Provider enables and facilitates reports including all of the following elements:

a sufficiently substantiated explanation of the reasons why the reporting person/entity alleges that the reported information constitutes Illegal Content;
a clear indication of the exact electronic location of the information, such as the exact URL or URLs and, where applicable, additional information enabling identification, depending on the type of content and service;
the name and e-mail address of the reporting person/entity, except for reports concerning information related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU;
a statement confirming the reporting person/entity’s good-faith belief that the information and allegations are accurate and complete.

A report is considered to give rise to actual knowledge for the purposes of Article 6 of the DSA if it allows the Service Provider, acting with due diligence, to determine—without detailed legal analysis—the illegal nature of the activity or information.

If the report includes electronic contact details, the Service Provider shall send confirmation of receipt without undue delay and also inform the reporting person/entity of its decision regarding the reported information, including information about appeal possibilities.

The Service Provider processes all reports in a timely, objective manner, with due diligence. If automated tools are used, the Service Provider includes information on this in the notification.

§17. Information on Restrictions Imposed by the Service Provider Regarding Use of the Store

When providing any content (e.g., reviews or comments), the Service Recipient must:

use the Store in accordance with its purpose, these Regulations, and in a lawful manner and in good customs, respecting personal rights, copyrights, and intellectual property rights of the Service Provider and third parties;
provide content consistent with facts and not misleading;
not provide unlawful content, including Illegal Content;
not send unsolicited commercial information (spam) via the Store;
not provide content violating commonly accepted standards, including vulgar or offensive content;
have all required rights and permissions (e.g., copyrights, licenses, consents) necessary to use, disseminate, make available, or publish the content, including the right to publish and distribute in the Store and the right to use and distribute images or personal data of third parties when relevant;
use the Store in a way that does not create a threat to the security of the Service Provider’s IT system, the Store, or third parties.

§18. Rights of the Seller / Service Provider

The Service Provider reserves the right to moderate content provided by Service Recipients. Moderation is carried out in good faith, with due diligence, either on the Service Provider’s own initiative or based on a report, to detect, identify, and remove Illegal Content or other content inconsistent with the Regulations, disable access to it, or take necessary measures to comply with EU and national law, including the Digital Services Act and these Regulations.

Moderation may be manual or based on automated or semi-automated tools. After identifying such content, the Service Provider decides whether to remove, disable access, limit visibility, or take other actions deemed necessary (e.g., contact the Service Recipient to clarify and request changes). The Service Provider will inform the Service Recipient (if contact details are available) in a clear and understandable manner about the decision, reasons, and available appeal options.

In exercising its rights and obligations under the DSA, the Service Provider acts with due diligence, objectively and proportionately, with due regard for the rights and legitimate interests of all parties involved, including service recipients, especially fundamental rights under the Charter of Fundamental Rights of the European Union such as freedom of expression and media freedom and pluralism.

Any remarks, complaints, claims, appeals, or objections regarding decisions or actions (or lack thereof) taken by the Service Provider based on a report or a decision made under these Regulations may be submitted in a manner analogous to the complaint procedure described in §11. This procedure is free and enables electronic submission via the указан e-mail address. Using this procedure does not affect the right to initiate court proceedings and does not limit other rights.

§19. Final Provisions

Agreements concluded via the Online Store are concluded in Polish.
The Seller reserves the right to amend these Regulations for valid reasons such as changes in legal regulations, changes in payment and delivery methods—only to the extent such changes affect performance of these Regulations. The Seller will publish the new Regulations in the Store each time.
In matters not regulated herein, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act; the Act on Personal Data Protection.